Seer oi (Charge HR Manual,p. 4)
`
`
`
`itocth Low &
`
`Omni MedSci, Inc. v. Apple Inc.
`Case No. 2:18-cv-134-RWS(E.D.Tex.)
`
`EXHIBIT AA-1, p. 46
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`Page 458
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`(Charge HR Manual,p. 8)
`
`
`Heard rate
`
`Costance
`
`Bethe oa
`
`your Breck
`
`Omni MedSci, Inc. v. Apple Inc.
`Case No. 2:18-cv-134-RWS(E.D.Tex.)
`
`EXHIBIT AA-1, p. 47
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`Page 459
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`mu siSee asc
`ys eee toe
`
`(Charge HR Manual, p. 10)
`
`(Charge HR Manual, p. 12)
`
`
`28
`eebect
`necr
`Sand
`omvents of the day When. yin
`
`b>
`
`SUT UPR SERRON Gr
`
`Omni MedSci, Inc. v. Apple Inc.
`Case No. 2:18-cv-134-RWS(E.D.Tex.)
`
`EXHIBIT AA-1, p. 48
`
`Page 460
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`SMe wet ema (Charge HR Manual, p. 12-13)
`
`
`
`Omni MedSci, Inc. v. Apple Inc.
`Case No. 2:18-cv-134-RWS(E.D. Tex.)
`
`EXHIBIT AA-1, p. 49
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`Page 461
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`
`
`Spormonees
`Say HORE.
`
`Oke.
`
`Ree
`
`ANY soreosbarget set
`
`(Charge HR Manual, p. 17)
`
`wte-b5
`steed.
`ais
`est
`ccf day sory
`woheny th ecercita made sod ati
`
`PORNE
`
`
`
`mast recent? dave
`mation Sor the
`toed ak tne-senomt inte.
`athoktu.
`tance traveled calories burned
`een teankect
`HR vegusdiy to have the pyosrdetated deta wvadatle te view on
`stbosrd:
`
`oer
`
`(Charge HR Manual, p. 20)
`
`
`[13] A measurement system
`comprising
`
`To the extent the preambleis limiting, FitBit Charge HR discloses and/or renders obvious “a
`measurement system.”
`
`See CHART ONE: ’533 Patent, Claim Element 5 above.
`
`Omni MedSci, Inc. v. Apple Inc.
`Case No. 2:18-cv-134-RWS(E.D.Tex.)
`
`EXHIBIT AA-1, p. 50
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`Page 462
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`FitBit Charge HR discloses and/or renders obvious “a wearable measurement device for
`[13A] a wearable measurement
`device for measuring one or more|measuring one or more physiological parameters, including a light source comprising a plurality
`physiological parameters,
`of semiconductor sourcesthat are light emitting diodes, the light emitting diodes configured to
`includinga light source
`generate an output optical beam with one or more optical wavelengths.”
`comprising a plurality of
`semiconductor sources that are
`light emitting diodes, the light
`emitting diodes configured to
`generate an output optical beam
`with one or moreoptical
`wavelengths,
`
`
`
`
`
`TEGath (Charge HR Manual,p. 1)
`
`
`
`Omni MedSci, Inc. v. Apple Inc.
`Case No. 2:18-cv-134-RWS(E.D.Tex.)
`
`EXHIBIT AA-1, p. 51
`
`Page 463
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` (Charge HR Manual,p. 5)
`
`
`
`See, e.g., U.S. Pat. No. 8,954,135 to Yuen etal. assigned to FitBit, Inc. and titled “Portable
`biometric devices and methods of operating same” (suggesting that FitBit’s products use LEDs
`with multiple wavelengths to detect heart rate).
`
`[13B] wherein at least a portion
`FitBit Charge HR discloses and/or renders obvious “wherein at least a portion of the one or more
`of the one or moreoptical
`optical wavelengths is a near-infrared wavelength between 700 nanometers and 2500 nanometers.”
`
`(Charge HR Manual, p. 20)
`
`Omni MedSci, Inc. v. Apple Inc.
`Case No. 2:18-cv-134-RWS(E.D.Tex.)
`
`EXHIBIT AA-1, p. 52
`
`Page 464
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`wavelengths is a near-infrared
`wavelength between 700
`nanometers and 2500 nanometers,
`
`See CHART ONE: ’533 Patent, Claim Element 5B above.
`
`FitBit Charge HR discloses and/or renders obvious“the light source configured to increase signal-
`to-noise ratio by increasing a light intensity from at least one ofthe plurality of semiconductor
`sources and by increasing a pulserate of at least one of the plurality of semiconductor sources.”
`
`[13C] the light source configured
`to increase signal-to-noise ratio
`by increasinga light intensity
`from at least one of the plurality
`of semiconductor sources and by
`increasing a pulse rate ofat least
`one ofthe plurality of
`semiconductor sources;
`
`
`See CHART ONE: ’533 Patent, Claim Element 5C above.
`
` [13F] wherein the wearable FitBit Charge HR discloses and/or renders obvious “wherein the wearable measurement device
`
`
`
`
`[13D] the wearable measurement
`device comprising a plurality of
`lenses configured to receive a
`portion of the output optical beam
`and to deliver an analysis output
`beam to a sample;
`
`[13E] the wearable measurement
`device further comprising a
`receiver configured to receive and
`processat least a portion of the
`analysis output beam reflected or
`transmitted from the sample and
`to generate an output signal
`
`FitBit Charge HR discloses and/or renders obvious “the wearable measurement device comprising
`a plurality of lenses configured to receive a portion of the output optical beam andto deliver an
`analysis output beam to a sample.”
`
`See CHART ONE: ’533 Patent, Claim Element 5D above.
`
`FitBit Charge HR discloses and/or renders obvious “the wearable measurement device further
`comprising a receiver configured to receive and processatleast a portion of the analysis output
`beam reflected or transmitted from the sample and to generate an outputsignal.”
`
`See CHART ONE: *533 Patent, Claim Element SE above.
`
`measurement device receiveris
`configured to be synchronized to
`See CHART ONE: ’533 Patent, Claim Element 5F above.
`pulses ofthe light source;
`
`
`receiver is configured to be synchronizedto pulses ofthe light source.”
`
`Omni MedSci, Inc. v. Apple Inc.
`Case No. 2:18-cv-134-RWS(E.D.Tex.)
`
`EXHIBIT AA-1, p. 53
`
`Page 465
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`[13G] a personal device
`comprising a wireless receiver, a
`wireless transmitter, a display, a
`microphone,a speaker, one or
`more buttons or knobs, a
`microprocessor and a touch
`screen,
`
`[13H] the personal device
`configured to receive and process
`at least a portion of the output
`signal,
`
`[13I] wherein the personal device
`is configured to store and display
`the processed output signal, and
`
`[133] wherein at least a portion of
`the processed outputsignalis
`configured to be transmitted over
`a wireless transmission link; and
`
`receiver, a wireless transmitter, a display, a microphone, a speaker, one or more buttons or knobs,
`a microprocessorand a touch screen.”
`
`See CHART ONE: ’533 Patent, Claim Element 5G above.
`
`FitBit Charge HR discloses and/or renders obvious “the personal device configured to receive and
`processat least a portion of the output signal, wherein the personal device is configured to store
`and display the processed output signal.”
`
`See CHART ONE: ’533 Patent, Claim Element 5H above.
`
`FitBit Charge HR discloses and/or renders obvious “wherein the personal device is configured to
`store and display the processed output signal.”
`
`See CHART ONE: ’533 Patent, Claim Element 5I above.
`
`FitBit Charge HR discloses and/or renders obvious “wherein at least a portion of the processed
`output signal is configured to be transmitted over a wireless transmissionlink.”
`
`See CHART ONE: ’533 Patent, Claim Element 5J above.
`
`
`
` FitBit Charge HR discloses and/or renders obvious“a personal device comprising a wireless
`
`[13K] a remote device configured
`to receive over the wireless
`transmission link an output status
`comprising the at least a portion
`of the processed output signal, to
`processthe received outputstatus
`to generate processed data and to
`store the processed data, and
`
`
`FitBit Charge HR discloses and/or renders obvious “a remote device configured to receive over
`the wireless transmission link an output status comprising the at least a portion of the processed
`output signal, to process the received output status to generate processed data andto store the
`processed data.”
`
`See CHART ONE: ’533 Patent, Claim Element 5K above.
`
`Omni MedSci, Inc. v. Apple Inc.
`Case No. 2:18-cv-134-RWS(E.D.Tex.)
`
`EXHIBIT AA-1, p. 54
`
`Page 466
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`

` FitBit Charge HR discloses and/or renders obvious “wherein the remote device is capable of
`
`FitBit Charge HR discloses and/or renders obvious“[t]he system of claim 13, wherein the receiver
`[16] The system ofclaim 13,
`wherein the receiver is located a
`is located a first distance fromafirst one ofthe plurality of light emitting diodes and a different,
`first distance fromafirst one of
`second distance from a second oneofthe plurality of light emitting diodes such that the receiver
`the plurality of light emitting
`receivesa first signal from thefirst light emitting diode and a second signal from the second light
`emitting diode.”
`diodes and a different, second
`distance from a second one of the
`plurality of light emitting diodes
`such that the receiver receives a
`first signal from thefirst light
`emitting diode and a second
`signal from the secondlight
`emitting diode.
`
`See CHART ONE: ’533 Patent, Claim Element 8 above.
`
`[17] The system ofclaim 16,
`wherein the output signalis
`generated in part by comparing
`the first and secondsignals.
`
`FitBit Charge HR discloses and/or renders obvious“[t]he system of claim 16, wherein the output
`signal is generated in part by comparing the first and secondsignals.”
`
`See CHART ONE: ’533 Patent, Claim Element 9 above.
`
`[13L] wherein the remote device
`is capable of storing a history of
`at least a portion of the received
`output status over a specified
`period oftime.
`
`storing a history of at least a portion of the received output status over a specified period oftime.”
`
`See CHART ONE: ’533 Patent, Claim Element 10 above.
`
`
`
`Omni MedSci, Inc. v. Apple Inc.
`Case No. 2:18-cv-134-RWS(E.D.Tex.)
`
`EXHIBIT AA-1, p. 55
`
`Page 467
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`

`EXHIBIT AA-2
`
`U.S. Patent No, 9,757,040 vs FitBit Charge HR
`
`Priority Date/Publication Date:
`
`between 2012 and 2014
`
`Prior Art Status:
`
`§§ 102(a) and (b)
`
`The FitBit Charge HR manufactured by FitBit (“FitBit Charge HR”) anticipates the asserted claims of U.S. Patent No. 9,757,040
`(‘the °040 Patent”) or renders those claims obvious alone and/orin view of at least any of the references identified in Apple’s
`Obviousness Combinations Chart.
`
`This chart is based on the following disclosures about the FitBit Charge HR:
`
`e FitBit Charge HR Product Manual Version 1.2 (“Charge HR Manual”)
`
`Discovery is ongoing, and Apple reserves the right to amend this chart based on new information about the FitBit Charge HR.
`
`Asset forth in Apple’s Invalidity Contentions, the below contentions apply the priorart in part in accordance with Apple’s assumption
`that Omni contendsthe claims are not invalid under 35 U.S.C. § 112. However, Apple’s below contentions do not represent Apple’s
`agreement or view as to the meaning, definiteness, written description support for, or enablement ofany of the asserted claims. For
`each dependentclaim,the disclosures cited for the claim from which it depends are incorporated by reference.
`
`Omni MedSci, Inc. v. Apple Inc.
`Case No. 2:18-cv-134-RWS(E.D.Tex.)
`
`EXHIBIT AA-2,p. 1
`
`Page 468
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`

` FitBit Charge HR discloses and/or renders obvious “the measurement device configured to
` [1B] the measurement device
`
`FitBit Charge HR discloses and/or renders obvious “wherein at least a portion of the one or more
`optical wavelengths is a near-infrared wavelength between 700 nanometers and 2500 nanometers.’
`
`9
`
`[1C] wherein at least a portion of
`the one or moreoptical
`wavelengths is a near-infrared
`
`Omni MedSci, Inc. v. Apple Inc.
`Case No. 2:18-cv-134-RWS(E.D.Tex.)
`
`EXHIBIT AA-2,p. 2
`
`Page 469
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`CHART TWO: U.S. Patent No. 9,757,040 vs FitBit Charge HR
`
`
`
`[1] A wearable device for use
`with a smart phoneortablet, the
`wearable device comprising:
`
`[1A] a measurement device
`includinga light source
`comprising a plurality of light
`emitting diodes (LEDs) for
`measuring one or more
`physiological parameters
`
`configured to generate, by
`modulating at least one of the
`LEDshavingan initial light
`intensity, an input optical beam
`having one or more optical
`wavelengths,
`
`To the extent the preambleis limiting, FitBit Charge HR discloses and/or renders obvious “[a]
`wearable device for use with a smart phoneortablet.”
`
`See CHART ONE: *533 Patent, Claim Elements 5, 5G, and 13A above.
`
`FitBit Charge HR discloses and/or renders obvious “a measurement device including a light
`source comprising a plurality of light emitting diodes (LEDs) for measuring one or more
`physiological parameters.”
`
`See CHART ONE: ’533 Patent, Claim Element 13A above.
`
`generate, by modulating at least one of the LEDshavinganinitial light intensity, an input optical
`beam having one or more optical wavelengths.”
`
` (Charge HR Manual, p. 20)
`
`See, e.g., U.S. Pat. No. 8,954,135 to Yuen etal. assigned to FitBit, Inc. and titled “Portable
`biometric devices and methods of operating same” (suggesting that FitBit’s products use various
`modulation techniques).
`
`Page 469
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`

`wavelength between 700
`nanometers and 2500 nanometers;
`
`[1D] the measurement device
`comprising one or more lenses
`configured to receive and to
`deliver a portion ofthe input
`optical beam to tissue, wherein
`the tissue reflects at least a
`portion of the input optical beam
`delivered to thetissue;
`
`further comprising a reflective
`surface configured to receive and
`redirect at least a portion oflight
`reflected from the tissue;
`
`See CHART ONE: ’533 Patent, Claim Element 5B above.
`
`FitBit Charge HR discloses and/or renders obvious “the measurement device comprising one or
`more lenses configured to receive and to deliver a portion of the input optical beam totissue,
`wherein the tissue reflects at least a portion of the input optical beam delivered to the tissue.”
`
`See CHART ONE: ’533 Patent, Claim Element 5D above.
`
`reflective surface configured to receive and redirectat least a portion of light reflected from the
`tissue.”
`
` (Charge HR Manual, p. 20)
`
`See, e.g., U.S. Pat. No. 8,954,135 to Yuen etal. assigned to FitBit, Inc. and titled “Portable
`biometric devices and methods of operating same” (suggesting that FitBit’s products use reflective
`materials).
`
` [1E] the measurement device FitBit Charge HR discloses and/or renders obvious “the measurement device further comprising a
`
`
`
`
`FitBit Charge HR discloses and/or renders obvious “the measurement device further comprising a
`[1F] the measurement device
`receiver configured to: capture light while the LEDsare off and convert the capturedlight into a
`further comprising a receiver
`first signal and capture light while at least one of the LEDsis on and convert the capturedlight
`configured to:
`
`Omni MedSci, Inc. v. Apple Inc.
`Case No. 2:18-cv-134-RWS(E.D.Tex.)
`
`EXHIBIT AA-2,p. 3
`
`Page 470
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`

`
`
`capture light while the LEDsare
`off and convert the captured light
`into a first signal and
`
`capture light while at least one of
`the LEDsis on and convert the
`captured light into a second
`signal, the captured light
`includingat least a portion of the
`input optical beam reflected from
`the tissue;
`
`configured to improve a signal-to-
`noiseratio of the input optical
`beam reflected from the tissue by
`differencing the first signal and
`the second signal;
`
`modulation techniques). [1G] the measurement device FitBit Charge HR discloses and/or renders obvious “the measurement device configured to
`
`
`
`into a second signal, the captured light includingat least a portion of the input optical beam
`reflected from the tissue.”
`
` (Charge HR Manual, p. 20)
`
`See, e.g., U.S. Pat. No. 8,954,135 to Yuen etal. assigned to FitBit, Inc. and titled “Portable
`biometric devices and methods of operating same” (suggesting that FitBit’s products use various
`
`improvea signal-to-noise ratio of the input optical beam reflected from the tissue by differencing
`the first signal and the secondsignal.”
`
` (Charge HR Manual, p. 20)
`
`See, e.g., U.S. Pat. No. 8,954,135 to Yuen etal. assigned to FitBit, Inc. and titled “Portable
`biometric devices and methods of operating same” (suggesting that FitBit’s products use various
`modulation techniques).
`
`Omni MedSci, Inc. v. Apple Inc.
`Case No. 2:18-cv-134-RWS(E.D.Tex.)
`
`EXHIBIT AA-2,p. 4
`
`Page 471
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`

`FitBit Charge HR discloses and/or renders obvious “the light source configured to further improve
`the signal-to-noise ratio of the input optical beam reflected from the tissue by increasing the light
`intensity relative to the initial light intensity from at least one of the LEDs.”
`
`[1H]the light source configured
`to further improvethe signal-to-
`noiseratio of the input optical
`beam reflected from the tissue by
`increasing the light intensity
`relative to the initial light
`intensity from at least one of the
`
`LEDs;
`
`See CHART ONE: ’533 Patent, Claim Element 5C above.
`
`
`
`
` [1K] wherein the smart phone or FitBit Charge HR discloses and/or renders obvious “wherein the smart phoneortablet is
`
`[11] the measurement device
`further configured to generate an
`output signal representing at least
`in part a non-invasive
`measurement on blood contained
`within the tissue; and
`
`[1J] the wearable device
`configured to communicate with
`the smart phoneortablet, the
`smart phoneortablet comprising
`a wireless receiver, a wireless
`transmitter, a display, a voice
`input module, a speaker, and a
`touch screen, the smart phone or
`tablet configured to receive and to
`processat least a portion of the
`output signal,
`
`tablet is configured to store and
`display the processed output
`signal, wherein at least a portion
`
`FitBit Charge HR discloses and/or renders obvious “the measurement device further configured to
`generate an output signal representing at least in part a non-invasive measurement on blood
`contained within the tissue.”
`
`See CHART ONE: ’533 Patent, Claim Element 10 above.
`
`FitBit Charge HR discloses and/or renders obvious “the wearable device configured to
`communicate with the smart phoneortablet, the smart phone or tablet comprising a wireless
`receiver, a wireless transmitter, a display, a voice input module, a speaker, and a touch screen, the
`smart phoneortablet configured to receive and to processat least a portion of the output signal.”
`
`See CHART ONE: ’533 Patent, Claim Elements 5G and 5H above.
`
`configured to store and display the processed output signal, wherein at least a portion of the
`processed output signal is configured to be transmitted over a wireless transmission link.”
`
`Omni MedSci, Inc. v. Apple Inc.
`Case No. 2:18-cv-134-RWS(E.D.Tex.)
`
`EXHIBIT AA-2,p. 5
`
`Page 472
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`

`
`
`of the processed output signal is
`configured to be transmitted over
`a wireless transmissionlink.
`
`See CHART ONE: *533 Patent, Claim Elements 5Iand 5J above.
`
`[2] The wearable device of claim|FitBit Charge HR discloses and/or renders obvious “[t]he wearable device of claim 1, wherein the
`1, wherein the receiveris
`receiver is configured to be synchronized to the modulation ofthe at least one of the LEDs.”
`configured to be synchronized to
`oo
`:
`the modulation oftheat least one
`See CHART ONE:
`’533 Patent, Claim Element 5F above.
`of the LEDs.
`
`
`
`
`
`
`
`[4] The wearable device of claim|FitBit Charge HR discloses and/or renders obvious “[t]he wearable device of claim 1, wherein the
`1, wherein the receiver is located|receiveris located a first distance from a first one of the LEDsanda different distance from a
`a first distance from a first one of|second one of the LEDssuchthat the receiver can capture a third signal from the first LED and a
`the LEDsand a different distance|fourth signal from the second LED, and wherein the output signal is generated in part by
`from a second one of the LEDs
`comparing the third and fourth signals.”
`
`See CHART ONE:’533 Patent, Claim Element 8 above.
`
`thirdsignalfomtheftLED.
`
`and a fourth signal from the
`second LED,and wherein the
`output signal is generated in part
`by comparing the third and fourth
`signals.
`
`Omni MedSci, Inc. v. Apple Inc.
`Case No. 2:18-cv-134-RWS(E.D.Tex.)
`
`EXHIBIT AA-2,p. 6
`
`Page 473
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`

`EXHIBIT AA-3
`
`U.S. Patent No, 9,861,286 vs FitBit Charge HR
`
`Priority Date/Publication Date:
`
`between 2012 and 2014
`
`Prior Art Status:
`
`§§ 102(a) and (b)
`
`The FitBit Charge HR manufactured by FitBit (“FitBit Charge HR”) anticipates the asserted claims of U.S. Patent No. 9,861,286
`(‘the ’286 Patent”) or renders those claims obvious alone and/orin view of at least any of the references identified in Apple’s
`Obviousness Combinations Chart.
`
`This chart is based on the following disclosures about the FitBit Charge HR:
`
`e FitBit Charge HR Product Manual Version 1.2 (“Charge HR Manual”)
`
`Discovery is ongoing, and Apple reserves the right to amend this chart based on new information about the FitBit Charge HR.
`
`Asset forth in Apple’s Invalidity Contentions, the below contentions apply the priorart in part in accordance with Apple’s assumption
`that Omni contendsthe claims are not invalid under 35 U.S.C. § 112. However, Apple’s below contentions do not represent Apple’s
`agreement or view as to the meaning, definiteness, written description support for, or enablement ofany of the asserted claims. For
`each dependentclaim,the disclosures cited for the claim from which it depends are incorporated by reference.
`
`Omni MedSci, Inc. v. Apple Inc.
`Case No. 2:18-cv-134-RWS(E.D.Tex.)
`
`EXHIBIT AA-3, p. 1
`
`Page 474
`
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`

`

`CHART THREE: U.S. Patent No. 9,861,286 vs FitBit Charge HR
`
`
`
`To the extent the preambleis limiting, FitBit Charge HR discloses and/or renders obvious “[a]
`wearable device for use with a smart phoneortablet.”
`
`See CHART ONE: *533 Patent, Claim Elements 5, 5G, and 13A above.
`
`FitBit Charge HR discloses and/or renders obvious “a measurement device including a light
`source comprising a plurality of light emitting diodes (LEDs) for measuring one or more
`physiological parameters.”
`
`See CHART ONE: ’533 Patent, Claim Element 13A above.
`
` FitBit Charge HR discloses and/or renders obvious “the measurement device configured to
` [16B] the measurementdevice
`
`[16] A wearable device for use
`with a smart phoneortablet, the
`wearable device comprising:
`
`[16A] a measurement device
`includinga light source
`comprising a plurality of light
`emitting diodes (LEDs) for
`measuring one or more
`physiological parameters,
`
`configured to generate, by
`modulating at least one of the
`LEDshavingan initial light
`intensity, an optical beam having
`a plurality of optical wavelengths,
`
`[16C] wherein at least a portion
`of the plurality of optical
`wavelengths is a near-infrared
`wavelength between 700
`nanometers and 2500 nanometers;
`
`[16D] the measurement device
`comprising one or more lenses
`configured to receive and to
`deliver a portion ofthe optical
`beam to tissue, wherein the tissue
`reflects at least a portion of the
`
`generate, by modulating at least one of the LEDshavinganinitial light intensity, an optical beam
`havinga plurality of optical wavelengths.”
`
`See CHART TWO: ’040 Patent, Claim Element 1B above.
`
`FitBit Charge HR discloses and/or renders obvious “wherein at least a portion of the plurality of
`optical wavelengths is a near-infrared wavelength between 700 nanometers and 2500 nanometers.’
`
`9
`
`See CHART ONE: ’533 Patent, Claim Element 5B above.
`
`FitBit Charge HR discloses and/or renders obvious “the measurement device comprising one or
`more lenses configured to receive and to deliver a portion of the optical beam to tissue, wherein
`the tissue reflects at least a portion of the optical beam delivered to the tissue, and wherein the
`measurement device is adapted to be placed on a wrist or an ear of a user.”
`
`See CHART ONE: ’533 Patent, Claim Element 5D above.
`
`Omni MedSci, Inc. v. Apple Inc.
`Case No. 2:18-cv-134-RWS(E.D.Tex.)
`
`EXHIBIT AA-3, p. 2
`
`Page 475
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`
`
`
`[16E] wherein the measurement|FitBit Charge HR discloses and/or renders obvious “wherein the measurement device is adapted to
`device is adapted to be placed on|be placed on a wrist or an ear of a user.”
`
`optical beam delivered to the
`tissue, and
`
`
`a wrist or an ear of a user; (Charge HR Manual,p. 1)
`
`Omni MedSci, Inc. v. Apple Inc.
`Case No. 2:18-cv-134-RWS(E.D.Tex.)
`
`EXHIBIT AA-3, p. 3
`
`Page 476
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`(Charge HR Manual,p. 5)
`
`
`
`FitBit Charge HR discloses and/or renders obvious “the measurement device further comprising a
`receiver configured to: capture light while the LEDsare off and convert the captured light into a
`first signal and capture light while at least one of the LEDsis on and convert the capturedlight
`into a second signal, the captured light includingat least a portion of the optical beam reflected
`from thetissue.”
`
`See CHART TWO: ’040 Patent, Claim Element 1F above.
`
`[16F] the measurement device
`further comprising a receiver
`configured to:
`
`capture light while the LEDsare
`off and convert the captured light
`into a first signal and
`
`capture light while at least one of
`the LEDsis on and convert the
`captured light into a second
`signal, the captured light
`includingat least a portion of the
`optical beam reflected from the
`tissue;
`
`Omni MedSci, Inc. v. Apple Inc.
`Case No. 2:18-cv-134-RWS(E.D.Tex.)
`
`EXHIBIT AA-3, p. 4
`
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`improvea signal-to-noise ratio of the optical beam reflected from the tissue by differencing the
`first signal and the secondsignal.”
`
`See CHART TWO: 040 Patent, Claim Element 1G above.
`
`FitBit Charge HR discloses and/or renders obvious “the light source configured to further improve
`the signal-to-noise ratio of the optical beam reflected from the tissue by increasingthe light
`intensity relative to the initial light intensity from at least one of the LEDs.”
`
`See CHART ONE: ’533 Patent, Claim Element 5C above.
`
`
`
`[16G] the measurement device
`configured to improve a signal-to-
`noiseratio of the optical beam
`reflected from the tissue by
`differencing the first signal and
`the second signal;
`
`[16H] the light source configured
`to further improvethe signal-to-
`noiseratio of the optical beam
`reflected from the tissue by
`increasing the light intensity
`relative to the initial light
`intensity from at least one of the
`LEDs;
`
`[16I] the measurement device
`further configured to generate an
`output signal representing at least
`in part a non-invasive
`measurement on blood contained
`
`within the tissue; and
`
`[16J] wherein the receiver
`includesa plurality ofspatially
`separated detectors,
`
` FitBit Charge HR discloses and/or renders obvious “the measurement device configured to
`
`FitBit Charge HR discloses and/or renders obvious “the measurement device further configured to
`generate an output signal representing at least in part a non-invasive measurement on blood
`contained within the tissue.”
`
`See CHART ONE: ’533 Patent, Claim Element 10 above.
`
`FitBit Charge HR discloses and/or renders obvious “wherein the receiver includes a plurality of
`spatially separated detectors.”
`
`Omni MedSci, Inc. v. Apple Inc.
`Case No. 2:18-cv-134-RWS(E.D.Tex.)
`
`EXHIBIT AA-3, p. 5
`
`Page 478
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`
` FitBit Charge HR discloses and/or renders obvious “[t]he wearable device of claim 16, wherein at
`
`FitBit Charge HR discloses and/or renders obvious “wherein at least one analogto digital
`converteris coupled to the spatially separated detectors.”
`
` (Charge HR Manual, p. 20)
`
`
`
`
`
`
`
`
`See, e.g., U.S. Pat. No. 8,954,135 to Yuen etal. assigned to FitBit, Inc. and titled “Portable
`biometric devices and methods of operating same” (suggesting that FitBit’s products use
`photodetectors to receive signals).
`
`(Charge HR Manual, p. 20)
`
`
`
`
`
`
` [16K] wherein at least one analog
`to digital converter is coupled to
`the spatially separated detectors.
`
`
`
`
`
`See, e.g., U.S. Pat. No. 8,954,135 to Yuen etal. assigned to FitBit, Inc. and titled “Portable
`biometric devices and methods of operating same” (suggesting that FitBit’s products use analog to
`digital converters).
`
`
`[17] The wearable device of
`least one LED emits at a first wavelength and at least another LED emits at a second wavelength,
`claim 16, wherein at least one
`
`
`LED emitsat a first wavelength and wherein the first wavelength hasafirst penetration depth into the tissue and wherein the
`and at least another LED emitsat
`second wavelength has a second penetration depth into the tissue different from thefirst
`
`
`a second wavelength, and
`penetration depth..”
`
`wherein the first waveleng
`
`
`h has a
`
`Omni MedSci, Inc. v. Apple Inc.
`Case No. 2:18-cv-134-RWS(E.D.Tex.)
`
`EXHIBIT AA-3, p. 6
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`
`
`
`first penetration depth into the
`tissue and wherein the second
`wavelength has a second
`penetration depth into the tissue
`different from the first penetration
`depth.
`
` (Charge HR Manual, p. 20)
`
`See, e.g., U.S. Pat. No. 8,954,135 to Yuen etal. assigned to FitBit, Inc. and titled “Portable
`biometric devices and methods of operating same” (suggesting that FitBit’s products use LEDs
`with multiple wavelengths to detect heart rate).
`
`
` [20] The wearable device of FitBit Charge HR discloses and/or renders obvious“[t]he wearable device of claim 16, wherein
`
`
`
`FitBit Charge HR discloses and/or renders obvious“[t]he wearable device of claim 16, wherein
`the receiver is configured to be synchronized to the modulating of at least one of the LEDs.”
`
`See CHART ONE: ’533 Patent, Claim Element 5F above.
`
`the receiver is located a first distance from a first one of the LEDsanda different distance from a
`second one of the LEDssuchthat the receiver can capture a third signal from the first LED and a
`fourth signal from the second LED,and wherein the output signal is generated in part by
`comparing the third and fourth signals..”
`
`See CHART ONE: ’533 Patent, Claim Element 8 above.
`
`[19] The wearable device of
`claim 16, wherein the receiveris
`configured to be synchronized to
`the modulating of at least one of
`the LEDs.
`
`claim 16, wherein the receiveris
`located a first distance from a first
`one of the LEDsanda different
`distance from a second one of the
`LEDssuchthat the receiver can
`capture a third signal from the
`first LED and a fourth signal from
`the second LED, and wherein the
`output signal is generated in part
`by comparing the third and fourth
`signals.
`
`Omni MedSci, Inc. v. Apple Inc.
`Case No. 2:18-cv-134-RWS(E.D.Tex.)
`
`EXHIBIT AA-3, p. 7
`
`Page 480
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`EXHIBIT AA-4
`
`U.S. Patent No. 9,885,698 vs FitBit Charge HR
`
`Priority Date/Publication Date:
`
`between 2012 and 2014
`
`Prior Art Status:
`
`§§ 102(a) and (b)
`
`The FitBit Charge HR manufactured by FitBit (“FitBit Charge HR”) anticipates the asserted claims of U.S. Patent No. 9,885,698 (“the
`°698 Patent”) or renders those claims obviousalone and/orin view ofat least any of the references identified in Apple’s Obviousness
`Combinations Chart.
`
`This chart is based on the following disclosures about the FitBit Charge HR:
`
`e FitBit Charge HR Product Manual Version 1.2 (“Charge HR Manual”)
`
`Discovery is ongoing, and Apple reserves the right to amend this chart based on new information about the FitBit Charge HR.
`
`Asset forth in Apple’s Invalidity Contentions, the below contentions apply the priorart in part in accordance with Apple’s assumption
`that Omni contendsthe claims are not invalid under 35 U.S.C. § 112. However, Apple’s below contentions do not represent Apple’s
`agreement or view as to the meaning, definiteness, written description support for, or enablement ofany of the asserted claims. For
`each dependentclaim,the disclosures cited for the claim from which it depends are incorporated by reference.
`
`Omni MedSci, Inc. v. Apple Inc.
`Case No. 2:18-cv-134-RWS(E.D.Tex.)
`
`EXHIBIT AA-4,p. 1
`
`Page 481
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`CHART FOUR:U.S.Patent No. 9,885,698 vs FitBit Charge HR
`
`
`
`[1] A wearable device,
`comprising:
`
`To the extent the preambleis limiting, FitBit Charge HR discloses and/or renders obvious “[a]
`wearable device.”
`
`See CHART ONE: ’533 Patent, Claim Elements 5 and 13A above.
`
`[1A] a measurement device
`includinga light source
`comprising a plurality of light
`emitting diodes (LEDs) for
`measuring one or more
`physiological parameters,
`
`
`FitBit Charge HR discloses and/or renders obvious “a measuremen